Here is an update on recent en banc activity at the Federal Circuit in patent cases. Since our last update, two new petitions for en banc rehearing have been filed in two related cases. Both petitions raise questions related to the law governing motions to transfer venue. The Federal Circuit also denied three petitions for en banc hearing raising questions concerning the identification of real parties in interest in inter partes review proceedings, estoppel based on inter partes review, and the test for design patent infringement. Here are the details.
En Banc Petitions
New Petitions
Since our last update, two new en banc petitions have been filed in related cases.
In both cases, Virtamove Corp. asked the court to consider the following questions:
- Whether, “[f]or the ‘clearly materialize’ burden of proof, the Google Decision is inconsistent with the Fifth Circuit and failed to properly impose the burden on Google, leaving open the ability to transfer cases based on hypothetical convenience that is unlikely to materialize.”
- Whether, “[f]or the local interest factor, the Panel Decision erred by ignoring the Fifth Circuit’s rule that this public interest factor cannot be based on the private activities of the parties.”
Denials
Since our last update, the Federal Circuit has denied three petitions for en banc rehearing:
- Dolby Laboratories Licensing Corporation v. Unified Patents (identification of real parties in interest in inter partes review proceedings)
- Ingenico Inc. v. Ioengine, LLC (estoppel based on inter partes review)
- North Star Technology International Ltd. v. Latham Pool Products (test for design patent infringement)